CHAN SAU YING and Others v. YUK LUNG SAUNA operated by STEADIKOON CO. LTD.

CHAN SAU YING and Others v. YUK LUNG SAUNA operated by STEADIKOON CO. LTD.

On the totality of the evidence — substantial employer control over work, provision of tools and premises, lack of financial risk to the workers and the Appellant's tax filings treating them as employees — the tribunal was entitled to find an employer/employee relationship; appellate court must not overturn such a factual finding when supported by evidence, therefore the appeal is dismissed.

Citation
CHAN SAU YING and Others v. YUK LUNG SAUNA operated by STEADIKOON CO. LTD.
Parties
Claimants/respondents: CHAN SAU YING & 14 OTHERS; Defendant/appellant: YUK LUNG SAUNA operated by STEADIKOON COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 February 1995
Case Number
HCLA82/1994
Procedural Posture
Labour Tribunal Appeal / Judgment on Appeal to High Court
Outcome
Appeal dismissed
Legal Topics
Employment Status, Contract of Service Vs Contract for Service, Standard of Appellate Review on Factual Findings, Control Test, Use of Tax Treatment as Evidence
Source Language
EN
Employment Law Labour Law Administrative Law Employment Status Contract of Service Vs Contract for Service Standard of Appellate Review on Factual Findings Control Test Use of Tax Treatment as Evidence

Case Brief

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Parties

CHAN SAU YING & 14 OTHERS

Claimants/respondents

YUK LUNG SAUNA operated by STEADIKOON COMPANY LIMITED

Defendant/appellant

Procedural Posture

Labour Tribunal Appeal / Judgment on Appeal to High Court

Legal Issues

  1. 1 Whether the claimants were employees or self-employed independent contractors
  2. 2 Whether the Appellate Court may interfere with the Tribunal's factual finding
  3. 3 Whether application forms and posted regulations constituted employment agreements

Ratio Decidendi

On the totality of the evidence — substantial employer control over work, provision of tools and premises, lack of financial risk to the workers and the Appellant's tax filings treating them as employees — the tribunal was entitled to find an employer/employee relationship; appellate court must not overturn such a factual finding when supported by evidence, therefore the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Respondents' own costs to be taxed in accordance with Legal Aid Regulations